Subclass (309) Provisional
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).
In most cases, you must be the spouse or de facto partner of an:
- Australian citizen
- Australian permanent resident or
- eligible New Zealand citizen
Your relationship can be with someone of the same or different sex.
You might still be eligible for the visa if your relationship breaks down or your sponsor dies while the visa application is being processed.
To be a married applicant:
- you and your spouse must both be committed to a shared life together to the exclusion of all others
- your relationship with your spouse must be genuine and continuing
- you must live with your spouse or do not live apart on a permanent basis
- your marriage must be valid under Australian law
To be a de facto partner, you must be in a de facto relationship.
- you and your partner are in a de facto relationship if all these apply:
- you are not married to each other
- you are committed to a shared life to the exclusion of all others
- your relationship is genuine and continuing
- you live together or do not live separately and apart on a permanent basis
- you are not related by family
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.
The 12-month requirement will not apply if you can show compelling and compassionate circumstances exist to grant the subclass 820 visa.
The 12-month requirement also will not apply if:
- your partner holds or held a permanent humanitarian visa
- your de facto relationship existed before their visa was granted
- your de facto partner delcared their relationship before their current visa was granted
It also will not apply if you:
- are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
- you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.
Subclass 100 (Migrant)
The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309).
- in most cases, hold a temporary Partner (Provisional) visa (subclass 309)
- in most cases, continue to be in a genuine and ongoing relationship with your partner
Usually, you must hold:
- a Partner (Provisional) visa (subclass 309), or
- a Dependent Child (subclass 445) visa
Usually, 2 years must have passed since you applied for the combined 309 and 100 visa for you to be assessed for the permanent visa.
If you were in a long-term relationship or your sponsor held a specific visa before you applied, you might be granted the permanent visa within less than 2 years.
You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary visa.
- be married or in a de facto relationship
- have a genuine and continuing relationship
- live together, or not live permanently separately and apart
- be mutually committed to a shared life excluding other partners
You might still be eligible for the permanent visa if your relationship breaks down or your partner dies before grant the permanent visa.